New Legislation Enhances Public Inquiries with 5 Significant Reforms

On Tuesday, March 25th, the Mauritius Parliament gathered to deliberate on a significant piece of legislation: the Public Inquiries Bill (No. V of 2025). This boldly crafted proposal seeks to replace the outdated Commissions of Inquiry Act from 1944, aiming to create a more transparent and modern legal framework for conducting public investigations.

The bill proposes the establishment of a Board of Inquiry, endowed with expanded powers to address pressing public concerns.

The Prime Minister will have the authority to appoint this board when an event raises, or is likely to raise, questions of public interest.

Key features of this legislation include:

• Mandatory Notification: The National Assembly will be notified whenever a Board of Inquiry is established.
• Timely Reporting: A deadline will be imposed for the submission of inquiry reports.
• Right to a Defence: Individuals who may be negatively impacted by the inquiry will have the right to be heard and present their case.
• Required Publication of Findings: Inquiry conclusions must be published in the Government Gazette and presented to Parliament.
• Public Accessibility: Hearings will be available to the public, with evidence accessible unless exceptions arise concerning public order, national security, or confidentiality.

Additionally, the bill empowers the Board to:

• Summon Witnesses and Evidence: The Board can require witnesses to come forward, demand the production of documents, and examine physical evidence.
• Conduct Searches and Assessments: It may authorise searches, asset evaluations, and technical inquiries.
• Request Financial Information: Banks must disclose financial details linked to individuals under investigation, regardless of whether those accounts are fictitious.

Importantly, this new law ensures:

• Immunity for Board Members: Those serving on the Board and their staff will enjoy protection from legal action in relation to their official functions.
• Witness Protection: Statements made by witnesses cannot be used against them subsequently, except in cases of perjury.
• Judicial Review Rights: Anyone who believes they have been wronged by an inquiry’s findings can appeal to the Supreme Court within 21 days of the report’s release.

The Public Inquiries Bill exemplifies a strong commitment to boosting transparency, fairness, and accountability in the handling of public matters.

By modernising legislation that has stood for over 80 years, the government of Mauritius aims to better align with the democratic aspirations of its citizens, ensuring that public inquiries uphold principles of integrity and respect for individual rights.

Source: l’Express